Indian decisions that where the rent is fixed in a lump there would be suspension of rent on the ground of dispossession of the tenant ... part on a reduced rate of rent, on apportionment. The singular defence of suspension of rent taken by the defendant lessee petitioner failed. Thereafter there
suspension of rent or revenue.—
Except as provided in this Act, an order for revision, remission or suspension of rent or revenue passed under this
Privy Council referred to doctrine of suspension as:
"The doctrine of suspension of payment of rent, where the tenant has not been ... arrears of rent reserved by the agreement, the tenant cannot take the
benefit of the principles of suspension of rent in the circumstances
leasehold property and so there ought to be total
suspension of rents and royalties. The second defence was
as regards the claim for the period ... rents. They also held that
quite apart from the question of construction of the
document, the lessee was not entitled to suspension of rents
entitle
tenants to claim waiver or exemption from payment of rent or suspension of
rent, is bound to arise in thousands of cases across ... tenant cannot also avoid payment of rent in view
of Section 108(B)(l) .
Suspension of Rent
26. Finally, in the absence of a contract
even if the rent was a lump sum one that would not justify in all cases to allow total suspension of rent when the lessor ... entitled to a suspension of the entire rent of the holding but only to a proportionate reduction of rent.
25. In the present case, both
suspension or abatement of rent. On the above findings, the court below found that the defendant was a defaulter in payment of rent from ... rent. It was held as follows :
"In the view that we take, we are definitely of opinion that the doctrine of suspension of rent
entitled to suspension of payment of rent or whether be should be held liable to pay proportionate part of the rent. On the facts ... proportionate part of the rent and may in some cases also be entitled to suspension of full rent.
(15) In Hukim Sardar Bahadur
paramount the lessee cannot claim suspension of the on tire rent but is liable only to pay a proportionate rent for the land ... doctrine of suspension of rent was not applied, Rankin, C.J., observing:
The doctrine of suspension of rent depends solely upon this that the rent
rent from the defendants they cannot be held to be entitled to claim assessment of rent, for assessment of rent means apportionment of rent ... Courts below; and secondly, on the ground that rent includes cesses, and that therefore suspension of rent under the Law would presumbly include suspension
